In a few days, it will be another year since foreign rule ceased in Goa. While India’s sovereignty over Goa has never been questioned, at least in Goa, possibly because of serious consequences, which could arise to anyone who did, comparisons have often been drawn between the old rule and the present one, even by a few true and reputed Freedom Fighters.
The wave of protests and agitations, which are witnessed regularly and in abundance in Goa, might have been avoided if we had demanded and obtained certain privileges and safeguards, especially with regard to our land and environment, when Goa merged with India. Further, had the local administration been more Goa and Goan centric and people friendly, instead of bowing to the dictates of the Centre and acting in detriment of Goans’ interests and concerns, there would be no room for any comparisons or regrets. Of course, guarantees and concessions might have been rescinded by the stroke of a pen, as has happened with Article 370, and eventually supported by the Supreme Court.
We wouldn’t live with regrets had we acted at the right time. Hence, it is imperative that we raise our voices and participate, in large numbers, in worthy agitations, irrespective of the consequences and whether we are directly affected or not.
It needs to be noted that if we succeeded in having our way in some places, it was solely because the clash was between local leaders’ and villagers’ interests, and the BJP feared losing its grip in the area. However, when it is the Centre that wishes to impose its will to help their financiers, like in the case of the coal corridor, double tracking, Sagarmala projects, etc, the local rulers are bound to use their mighty force to suppress any protests and attempts at thwarting their evil designs. For Sawant & Co, the stakes are very high – their chairs are more important than the interests of Goa and the health, lives and livelihoods of Goans.
Sadly, respect and submission to Court orders are slowly but surely eroding. We are now witnessing how audacious and defiant this Government is, that it even refuses to comply with the High Court’s directive to declare Mhadei Wildlife Sanctuary as Tiger Reserve within a stipulated time. And this, despite the Supreme Court declining to give a stay on the Government’s petition. It would be a clear case of contempt of Court for you and me. But not for a powerful government of the day. This is surely a prelude to things to come. And the contempt petition filed is yet to be entertained.
Despite a few setbacks, the Courts are still our last and only hope. There have been desperate attempts at overpowering the Judiciary and corroding its independence, efforts were made to influence the appointment of judges and dilute the powers of the collegium, which looks into the selection of Chief Justices of High Court and HC Judges. While one may concede that the selection by the collegium need not be perfect, one can only imagine what our Judiciary would have been, had it been left in the hands of third rated, half literate and corrupt politicians.
The rich contribution of our Supreme Court and of some Indian Judges has received recognition in various parts of the globe. Their decisions and opinions have greatly contributed to the growth and development of constitutional jurisprudence.
The High Courts and the Supreme Court have often come to the rescue of our citizens, particularly when despotic governments overlooking people’s interests, and counting solely on their numbers in Parliament, aggressively have their own way. However, in a few instances, the Courts have also been subject to severe criticism, for cogent reasons. Sometimes, it is felt that the judge had a predisposition to convict or purposefully took a turn in the discussion of evidence, because he had already made up his mind to convict the accused, or has a wayward bent of mind.
Wilful disobedience of Courts’ orders, however unfair one may find them, is considered contempt of Court and it has to, as it would create a very bad precedent, if everyone had to ignore Court’s directives. However, fair criticism or finding fault with a judgment and having genuine doubts about the legality/reasoning of the judgment and expressing them cannot be considered as contempt and the critic cannot be prosecuted under the Contempt of Courts Act. The person who criticises a particular judgment may well argue that some fundamental principles or precedents have not been abided/followed and the judgment has therefore been rendered inconsistent. After all, Judges are humans like us, susceptible to making mistakes and giving wrong decisions like we do. They are not infallible. So, we need to give up the phobia of criticizing Courts, when necessary, fearing contempt. In fact, genuine criticism could help self-reflection.
People in Goa and elsewhere are regularly being constrained to resort to Court proceedings to seek justice against the acts of omission and commission of the Government and after having failed to drill any sense in the small minds of our corrupt and toothless authorities, who will crawl when merely asked to bend. Governments are largely responsible for adding to the burden of the Courts. It is always true that justice delayed is justice denied. And Courts are aware that they cannot do justice to the litigants, even when the cases demand urgent attention and decisions.
The Courts would do a great service to the people if they had pulled up the concerned officials for forcing people into expensive and protracted Court proceedings, adding to Courts’ burden. This could prove a deterrent to authorities, who refuse to act or act in violation of the law. This would not only reduce Court cases but also make government officials more responsible and accountable.
(The author is a retired banker)
